The Network Tort Joint Liability Of Internet Service Provider

Since the tort liability law article36after enacted, many new provisions caused the scholars’attention. Such as network service providers assume joint liability regulations. Scholars think this regulation is too general. This regulation has many of the details not clear. The provisions in practice lack of feasibility. This article studies the theory method is research and empirical analysis. This article shows these problems:The first,"Notice and take down" rules:Who is the network service providers? Because their fault, network service provider shall be jointly and severally liable. What is the nature of the joint and several liability? Who issued the notice? What are the basic content and the effective form of the notice? How to judge whether notice timely? How to judge the network service provider of measures are necessary and effective? What are the disclosure of the network service providers notices and request the rights of guarantee? What is the expansion of tort damage part? What is without prejudice? The second,"Know" the rules:What is legal implications of know? How to judge network service providers know whether tort? Network service providers have his right of recourse. How to determine the final responsible persons? This article detail the contents of the two rules and provide reference for judgment.